Immigration Court Overturned on Appeal

Our client is from India. He was previously granted asylum by the old Immigration and Naturalization Service. He then applied for lawful permanent resident status, which was granted. The Department of Homeland Security claimed that the old Immigration and Naturalization Service did not have jurisdiction over his asylum application, and they rescinded his status, and instituted Immigration Court proceedings against him. The Immigration Judge agreed with the position of the Department of Homeland Security and issued a removal order against him.

We appealed to the Board of Immigration Appeals. We alleged that he had been denied a fact finding hearing by the Immigration Judge and that the procedure utilized to rescind his lawful permanent resident status and grant of asylum was not in conformance with the Immigration and Naturalization Service and the regulations promulgated thereunder. The Board of Immigration Appeals agreed with our position that our client was entitled to a fact finding hearing and remanded the case to the Immigration Judge for further proceedings consistent with their decision.